Law: Control of Narcotic Substances Act, 1997

Section: 9(c)

Law: Code of Criminal Procedure, 1898

Section: 342, 173, 382-B

Law: Police Rules, 1934

Section: 25.2(3)

 Summary The Appellant, Ikhlas Hussain, challenged his conviction under Section 9(c) of the Control of Narcotic Substances Act, 1997, whereby he had been sentenced to six years' rigorous imprisonment and a fine of Rs. 30,000 for possessing 1,301 grams of heroin allegedly recovered from his house following a raid by ANF officials. The Islamabad High Court found that the prosecution failed to prove the case beyond reasonable doubt. The Court noted that no narcotics were recovered from the Appellant at the airport or from his vehicle, despite prior secret information alleging that he was transporting heroin. The Court further observed that the complainant himself acted as the Investigating Officer, contrary to the requirement of impartial investigation under Rule 25.2(3) of the Police Rules, 1934, creating prejudice to the accused. Material contradictions also existed in the prosecution evidence, particularly regarding the handling and description of the recovered contraband. Relying on the settled principle that even a single reasonable doubt entitles an accused to acquittal, the Court allowed the appeal, set aside the conviction, and acquitted the Appellant. Tagline "A fair and impartial investigation is fundamental; where the complainant himself investigates the case and material doubts arise, the accused is entitled to acquittal." ORDER; MUHAMMAD AZAM KHAN, J.   Through the instant Criminal Appeal, Ikhlas Hussain (“Appellant/Convict”), presently confined in Central Jail, Adyala, Rawalpindi, has assailed the Judgment dated 27.02.2025 (“Impugned Judgment”) passed by the learned Judge, Special Court (CNS), Islamabad (“Trial Court”) in case FIR No. 30/2021 dated 22.04.2021 registered under Section 9(c) of the Control of Narcotic Substances Act, 1997 (“CNSA”) with Police Station ANF RD North, Rawalpindi (“Subject FIR”) whereby the Appellant/Convict has been convicted under Section 9(c), CNSA and sentenced to undergo rigorous imprisonment for six years, with fine of Rs.30,000/-(rupees thirty thousand only) and in default of payment thereof to further undergo six months simple…